ABU KAMAL TALUKDAR @ ABU KALAM TALUKDAR vs THE UNION OF INDIA AND 7 ORS. — WP(C)/5514/2019

Case under Constitution of India Section 226. Disposed: Contested--Dismissed on 08th May 2026.

Case disposed

CNR: GAHC010179312019

Filing Number

WP(C)/10961/2019

Filing Date

30-Jul-2019

Registration No

WP(C)/5514/2019

Registration Date

02-Aug-2019

Judge

Honourable Mr. Justice Sanjay Kumar Medhi , Honourable Mrs. Justice Shamima Jahan

Coram

Honourable Mr. Justice Sanjay Kumar Medhi , Honourable Mrs. Justice Shamima Jahan

Category

10176 - Oders of Foreigners Tribunal/Illegal Migrant(D) Tribunal ( 238 )

Judicial Branch

Writ Section

Decision Date

08-May-2026

Nature of Disposal

Contested--Dismissed

Last updated 10-Jun-2026

Acts & Sections

Constitution of India Section 226

Petitioner(s)

  1. 1.ABU KAMAL TALUKDAR @ ABU KALAM TALUKDAR

    Adv. SYED BURHANUR RAHMAN,MR S A BARBHUYAN,MR S A BARBHUYAN, ,MR A W AMAN,MR S A BARBHUYAN

Respondent(s)

  1. 1.THE UNION OF INDIA AND 7 ORS.

    Adv. ,SC, NRC,SC, ELECTION COMMISSION.,SC, F.T 1123

  2. 2.THE ELECTION COMMISSION OF INDIA

  3. 3.THE STATE OF ASSAM

  4. 4.THE DY. COMMISSIONER OF POLICE (B)

  5. 5.THE DY. COMMISSIONER

  6. 6.THE DY. COMMISSIONER

  7. 7.THE SUPERINTENDENT OF POLICE (B)

  8. 8.COORDINATOR

Case History

  1. Case disposedDisposed

  2. 08-May-2026

    Honourable Mr. Justice Sanjay Kumar Medhi,honourable Mrs. Justice Shamima JahanView PDF

    The Gauhati High Court dismissed the writ petition challenging a Foreigners' Tribunal decision declaring Abu Kamal Talukdar a foreigner of post-25.03.1971 stream. The court upheld the tribunal's findings, finding critical discrepancies in the genealogical linkage: the petitioner's father (aged 34 in 1989 voters' list) should have appeared in the 1985 list with his grandfather, establishing no credible connection to a pre-1971 ancestor. The court also rejected the voter ID card, Gaonburah certificate, and name variations in electoral rolls as insufficient evidence of citizenship. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 05-May-2026

    Motion

    Honourable Mr. Justice Kalyan Rai Surana , Honourable Mrs. Justice Shamima Jahan

  4. 02-Apr-2026

    Honourable Mr. Justice Kalyan Rai Surana,honourable Mrs. Justice Shamima JahanView PDF

  5. 16-Nov-2020

    Honourable Mr. Justice Manash Ranjan Pathak,honourable Mr. Justice Soumitra SaikiaView PDF

  6. 30-Oct-2019

    Honourable Mr. Justice Manojit Bhuyan,honourable Mr. Justice Hitesh Kumar SarmaView PDF

  7. 30-Jul-2019

    Case filed

    Registration No. WP(C)/5514/2019

casestatus.in Summary

The Gauhati High Court dismissed the writ petition challenging a Foreigners' Tribunal decision declaring Abu Kamal Talukdar a foreigner of post-25.03.1971 stream. The court upheld the tribunal's findings, finding critical discrepancies in the genealogical linkage: the petitioner's father (aged 34 in 1989 voters' list) should have appeared in the 1985 list with his grandfather, establishing no credible connection to a pre-1971 ancestor. The court also rejected the voter ID card, Gaonburah certificate, and name variations in electoral rolls as insufficient evidence of citizenship. This case analysis is maintained by casestatus.in based on publicly available court records.

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